Goode v. Meyn

In addition to reversing and remitting as to defendants Richard Osterhoudt and Rhinebeck Central School District, we would also reverse and grant a new trial as to defendant Maureen A. Meyn. In charging the emergency doctrine with respect to Meyn’s operation of the vehicle that struck plaintiff Christopher G. Goode (hereinafter plaintiff), Supreme Court failed to differentiate between her conduct before and after she first saw plaintiff and the deer on the highway in front of her. Although we would agree with the majority that Meyn may *440have been faced with an emergency once she finally saw…